Newsletters

The Demand Letter: A Tool That Should Not Be Underestimated

Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose […]

Recall to Work After the Pandemic: Everything Will Finally be Alright.

Few are the entrepreneurs who did not have to make heart-breaking decisions when the COVID-19 pandemic struck last March: reduction of work hours, temporary wage reductions and, regretfully, terminations and layoffs. If the governmental emergency measures[1] have offered a certain respite on the hardships endured by the workers and employers alike, both anticipate the eventual […]

Postponement of Business Declarations Until September 2020

Federal corporations, non-profit organizations and cooperatives generally must file their annual returns and pay the annual fees within 60 days of the anniversary date of their creation. However, Corporations Canada has recently announced that all such entities whose anniversary date falls between February 1 and June 1, 2020 now have until September 30, 2020 to […]

Companies May Hold Remote Meetings, Despite Governing Documents

By press release dated April 27, 2020, the Minister of Justice and Attorney General of Québec announced that for the duration of the COVID-19 public health emergency, legal persons who must hold meetings of their boards of directors, shareholders (in the case of a corporation) and members (in the case of non-profit organizations) can do […]

Approaching the First of the Month During a Pandemic for Commercial Landlords and Tenants

On April 16th, Prime Minister Trudeau announced a new measure to support small businesses struggling to pay their monthly rent. The Canada Emergency Commercial Rent Assistance (CECRA) program will be a partnership between the Federal and Provincial Governments to offer forgivable loans to commercial property owners, who can then pass these resources onto their small […]

Reasonable Notice in Unreasonable Times

Normally, when an employer terminates an employee, “reasonable notice” or pay in lieu thereof is required pursuant to Article 2091 of the Civil Code of Québec. This obligation is in addition to statutory notice under the Labour Standards Act. The factors to be taken into account have been addressed in several judgments of the Quebec […]

COVID-19 Intellectual Property Update: Delays, Extensions, Overrides, and… Trademark Applications?

April 21, 2020 — As with many government offices and legal institutions across the country, COVID-19, and the resulting workplace shifts, have had an impact on the processing times and delays for procedures passing through the Canadian Intellectual Property Office [CIPO]. Below we will provide a clear overview of the changes to take note of, as […]

Achieving Orderly Layoffs During COVID-19

A few short weeks ago one of the central questions for employers was “how long can a temporary layoff last in Quebec before it becomes a termination, triggering notice pay obligations under the Labour Standards Act?” [LSA] Obligations however continue to accrue and arise even during periods of layoff, obligations that are important for employers […]

The Court of Appeal Considers the Impact of the COVID-19 Crisis on Contractual Relationships

As of April 16, 2020, there have been some 27 published judgements rendered by Quebec courts and tribunals that mention COVID. One decision is of particular interest as it addresses the impact that COVID-19 could have going forward. In Naimer c. Naimer, 2020 QCCA 567, Justice Geneviève Marcotte of the Court of Appeal ruled on […]

COVID-19 and Force Majeure: Navigating Exceptional Times as a Business

Everything has changed since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, and it has since become increasingly clear that its impact will be felt across every level of society and industry. Businesses and individuals, reeling from the economic impacts of COVID-19, are wondering how it will impact their various contracts, […]
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